![]() Personal Website of R.Kannan |
Home | View Table of Contents | Feedback |
Back to First-Page to View Table of Contents |
47. The under-mentioned definitions are sample definitions that merely seek to illustrate possible definitions. These definitions may be different for different trades. The International Swaps and Derivatives Association, Inc. (ISDA) has provided definitions1 of terms used in such agreements. Some of the important terms are: Reference Entity: Reference Entity means each entity specified as such in the related Confirmation and any Successor. A Reference Entity can be a single name or a basket of names. It can be a Corporate, Institution or a Sovereign Entity. A Reference Entity may be one as principal or as a guarantor. Reference Obligation Reference Obligation means any obligation specified as such or of a type described in the related Confirmation (if any are so specified or described) and any Substitute Reference Obligation. Credit Event means with respect to a Credit Derivative Transaction, one or more of Bankruptcy, Failure to Pay, Obligation Acceleration, Obligation Default, Inconvertibility, Repudiation/ Moratorium or Restructuring, as specified in the related Confirmation. If an occurrence would otherwise constitute a Credit Event, such occurrence will constitute a Credit Event whether or not such occurrence arises directly or indirectly from:
Obligation Obligation means each obligation of each Reference Entity (whether as principal or surety or otherwise) described by the Obligation Category and the Obligation Characteristic specified in the related Confirmation. Deliverable Obligation Deliverable Obligation means any Obligation of a Reference Entity determined pursuant to the method described in the related Confirmation that is payable in an amount equal to its outstanding principal balance or Due and Payable Amount, as applicable, and is not subject to any counterclaim, defense or right of setoff by a Reference Entity; each Reference Obligation unless specified in the related Confirmation as an Excluded Deliverable Obligation and any other obligation of a Reference Entity specified in the related Confirmation. A Deliverable Obligation may be wider in scope than the Reference Obligation. The Reference Obligation determines the rank of each Deliverable Obligation. For further details, refer "1999 ISDA - Credit Derivatives Definitions" Credit Event Definitions If an occurrence would otherwise constitute a Credit Event, such occurrence will constitute a Credit Event whether or not such occurrence arises directly or indirectly from
Bankruptcy means a Reference Entity: is dissolved (other than pursuant to a consolidation, amalgamation or merger),
Obligation Acceleration. "Obligation Acceleration" means one or more Obligations have become due and payable before they would otherwise have been due and payable as a result of, or on the basis of, the occurrence of a default, event of default or other similar condition or event (however described), other than a failure to make any required payment, in respect of a Reference Entity under one or more Obligations in an aggregate amount of not less than the Default Requirement. Obligation Default means one or more Obligations have become capable of being declared due and payable before they would otherwise become due and payable as a result of, or on the basis of, the occurrence of a default, event of default, or other similar condition or event (however described), other than a failure to make any required payment, in respect of a Reference Entity under one or more Obligations in an aggregate amount of not less than the Default Requirement. Failure to Pay means, after the expiration of any applicable (or deemed) Grace Period (after the satisfaction of any conditions precedent to the commencement of such Grace Period), the failure by a Reference Entity to make, when and due, any payments in an aggregate amount of not less than the Payment Requirement under one or more Obligations.Repudiation/Moratorium means a Reference Entity or Governmental Authority (a) disaffirms, disclaims, repudiates or rejects, in whole or in part, or challenges the validity of, one or more Obligations in an aggregate amount not less than the Default Requirement, or (b) declares or imposes a moratorium, standstill or deferral, whether de facto or de jure, with respect to one or more Obligations in an aggregate amount of not less than the Default Requirement. Restructuring means that, with respect to one or more Obligations, including as a result of an Obligation Exchange, and in relation to an aggregate amount of not less than the Default Requirement, any one or more of the following events occurs, is agreed between the Reference Entity or a Governmental Authority and the holder or holders of such Obligation, or is announced (or otherwise decreed) by the Reference Entity or any Governmental Authority in a form that is binding upon the Reference Entity, and such event is not provided for under the terms of such Obligation in effect as of the later of the Trade Date and the date as of which such Obligation is issued or incurred:
Notwithstanding the above, none of the following shall constitute a Restructuring with respect to any Obligation:
If an Obligation Exchange has occurred, the determination as to whether one of the events described in (i) to (v) above has occurred will be based on a comparison of the terms of the Obligation immediately before such Obligation Exchange and the terms of the resulting Obligation immediately following such Obligation Exchange Other Definitions relating to Credit Events: Governmental Authority means any de facto or de jure government (or any agency, instrumentality, ministry or department thereof), court, tribunal, administrative or other governmental authority or any other entity (private or public) charged with the regulation of the financial markets (including the Central Bank) of a Reference Entity or the jurisdiction of organization of a Reference Entity Obligation Currency means the currency or currencies in which the Obligation is denominated Obligation Exchange means the mandatory transfer (other than in accordance with the terms in effect as of the later of the Trade Date or date of issuance of the relevant Obligation) of any securities, obligations or assets to holders of Obligations in exchange for such Obligations. When so transferred, such securities, obligations, or assets will be deemed to be Obligations. Payment Requirement means USD 1 million or its equivalent in the currency in which an Obligation is denominated. Default Requirement means USD 10 million or its equivalent in the currency in which an Obligation is denominated. |
|